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MUELLER v. KEAN UNIVERSITY

DOCKET NO. A-1843-20 A-3091-20.

287 A.3d 796 (2022)

474 N.J. Super. 272

Jacqueline Bernal MUELLER and Andrew Mueller, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. KEAN UNIVERSITY, Defendant-Respondent. Athena Brock-Murray, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Kean University, Defendant-Respondent. Colin Keyes, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Montclair State University, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 30, 2022.

Attorney(s) appearing for the Case

Bursor & Fisher, PA, attorneys for appellants ( Philip L. Fraietta and Andrew J. Obergfell , on the briefs).

Matthew J. Platkin , Attorney General, attorney for respondents ( Melissa H. Raksa , Assistant Attorney General, of counsel; Michael R. Sarno , Deputy Attorney General, on the briefs).

Before Judges Sumners, Geiger and Susswein.

The opinion of the court was delivered by

These appeals present an issue of first impression — whether plaintiffs state viable claims for breach of contract, unjust enrichment, conversion, or money had and received, based on the universities they attended transitioning to total online instruction rather than an in-person...

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